Net neutrality rules blocked by appeals court in Biden admin strike

A US appeals court ruled Tuesday that the Federal Communications Commission lacked the legal authority to restore historic net neutrality rules.

The decision is a blow to the outgoing Biden administration, which had made restoring open Internet rules a priority. President Biden signed a 2021 executive order encouraging the FCC to restore the rules.

A three-judge panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals said the FCC lacked the authority to reinstate rules originally implemented in 2015 by the agency under former Democratic President Barack Obama. but were subsequently repealed by the commission in 2017 under the former Republican president. Donald Trump.

Net neutrality rules require Internet service providers to treat Internet data and users equally rather than restricting access, throttling speeds, or blocking content for certain users. The rules also prohibit special deals in which ISPs offer enhanced network speeds or access to favored users.

The court cited the Supreme Court’s June decision in a case known as Loper Bright to overturn a 1984 precedent that had given government agencies deference in interpreting the laws they administer, in the latest decision to curb agency authority. federal. “Applying Loper Bright means we can put an end to the FCC’s vagaries,” the court ruled.

The decision leaves in place state net neutrality rules adopted by California and others, but could end more than 20 years of efforts to give federal regulators comprehensive oversight of the Internet.

FCC Chair Jessica Rosenworcel called on Congress to act on the decision. “Consumers across the country have repeatedly told us they want fast, open and fair internet. With this decision, it is clear that Congress must now heed their call, take responsibility for net neutrality, and enshrine open internet principles in federal law,” Rosenworcel said in a statement.

The FCC voted in April along party lines to resume regulatory oversight of broadband Internet and restore open Internet rules passed in 2015 that were rescinded under then-President Trump. Industry groups sued and successfully persuaded the court to temporarily block the rules while they considered the case.

Incoming FCC Chairman Brendan Carr voted against the reinstatement last year. He did not immediately comment Thursday.

Former FCC Chairman Ajit Pai said the court’s ruling should mean an end to efforts to roll back the rules and a shift in focus to “what really matters to American consumers — like improving Internet access and promoting of Internet innovation”.

The Trump administration is unlikely to appeal the decision, but net neutrality advocates may seek Supreme Court review.

The rules would have given the FCC new tools to crack down on Chinese telecom companies and the ability to monitor Internet service outages.

A group representing companies including Amazon, Apple, Alphabet and Meta Platforms supported the FCC’s net neutrality rules, while USTelecom, an industry group whose members include AT&T and Verizon, last year called the net neutrality rollback ” completely counterproductive, unnecessary and anti-regulatory consumer distraction.”